The sudden return of summary reversals

SCOTUSblog

by Stephen Wermiel

February 24, 2026

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The sudden return of summary reversals has rekindled interest in this seldom-used but impactful procedure within the U.S. Supreme Court. Once a common tool for correcting errors by lower courts, summary reversals fell into disuse between 2021 and 2024 but have recently regained momentum. These reversals allow the Court to quickly overturn lower court decisions without full briefing or oral arguments, often reflecting a consensus among six justices that the ruling was clearly erroneous. This streamlined process sets legal precedent, influencing how lower courts must interpret the law. The procedure begins when a losing party files a petition for certiorari, requesting the Supreme Court to review their case. Instead of granting full argument and briefs, the Court issues an unsigned decision reversing the lower court’s ruling. For example, in *Klein v. Martin*, the Court reversed a federal appeals court’s mistaken application of legal standards in a criminal conviction case. Similarly, in *Doe v. Dynamic Physical Therapy, LLC*, the Court overturned a state appellate court’s ruling that interfered with a federal disability lawsuit, emphasizing states’ inability to block such claims. The revival of summary reversals raises questions about their resurgence and its implications for judicial efficiency versus thoroughness. While they provide a fast-track resolution, critics argue this

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Originally published on SCOTUSblog on 2/24/2026